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timely fashion and on the merits. Petitioners' late and
incomplete submissions under the Court's discovery rules, their
untimely filed motions to amend their petition, their raising new
issues in their briefs that have not been raised either in the
original or amended petitions, and their implausible explanations
of their conduct in on- and off-the-record conferences with the
Court have consistently frustrated the resolution of the issues
in this case.
Perhaps the most serious violation of the Court's Rules
occurred when petitioners attempted to have admitted en masse
into evidence on the last day of trial, the 22 boxes of
disorganized documents. By holding the record open, the Court
simply attempted to give petitioners the opportunity to organize
the documents and to make presentations to respondent's
representatives that might result in a settlement of issues or in
a stipulation of admissibility of some of the documents.
Petitioners failed to negotiate any settlement or a stipulation
with regard to any of the belatedly submitted documents, and we
do not believe it appropriate now to admit such documents into
evidence. We shall deny petitioners' motion for reconsideration
of the Court's Order granting respondent's motion to close the
record.
Also, in their opening posttrial briefs, petitioners attempt
to raise new issues not previously raised in their original or
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Last modified: May 25, 2011